Federal and Texas Drug Trafficking and Manufacturing Attorney
Being charged with drug trafficking or drug manufacturing in the state of Texas or federally carries severe penalties upon conviction. You must speak to an experienced drug trafficking attorney from Whalen Law Office as quickly as possible. You need a solid law firm with an impeccable reputation that will be your advocate throughout the process. Attorneys James Whalen and Ryne Sandel will be that advocate, ensuring your rights, your freedom, and your future are protected.
What is Drug Trafficking and Manufacturing?
Drug trafficking is the illegal transportation or transaction of a controlled substance. Under Federal law, Title 21, Section 841, it is illegal for a person to knowingly or intentionally manufacture, distribute or dispense a controlled subject. In the state of Texas, the Texas Health and Safety Code 481.121 covers drug trafficking, delivery, transfer, or sale of illicit drugs, including marijuana. Drug manufacturing is the crime of being involved in any step in the drug production process. Drug manufacturing requires the defendant to have the intent to manufacture, along with possession of a drug or the necessary chemicals to manufacture a drug.
Drug Trafficking Facts and Statistics
According to the U.S. Government, in 2020, 64,565 drug-related cases were reported to the U.S. Sentencing Commission, with 16,287 of those involving drug trafficking. The following six drugs made up 96.8 percent of all drug trafficking offenses: marijuana, powder cocaine, crack cocaine, heroin, methamphetamine, and fentanyl. The following facts are associated with drug trafficking:
- 82.6 percent of all prosecuted drug traffickers are men, and 43.4 percent are Hispanic, with an average age of 37 years.
- 42.8 percent of those charged with drug trafficking had little or no prior criminal history.
- Sentences for those convicted of drug trafficking were significantly increased when they possessed a weapon at the time of their arrest.
- The top five districts for drug trafficking offenders include the Southern District of California, the Western District of Texas, the Northern District of Texas, the Southern District of Texas, and the District of Puerto Rico.
What is the Process for Drug Manufacturing and Drug Trafficking Cases?
Under Texas law, the process for a drug manufacturing or drug trafficking case includes:
- An arrest or notice to appear in a Texas Court
- Your first court appearance
- Preliminary hearing
- Plea bargaining and pretrial negotiations
- Pretrial motions and hearings
- A criminal trial, if no plea bargain is reached
What Are the Potential Consequences of Drug Trafficking and Manufacturing Charges?
Drug trafficking is a state crime when the act takes place solely within Texas borders, or a federal crime when state borders are crossed. The Penalty Groups for specific drugs in the state of Texas will largely determine—along with the quantity—the penalties for the offense. Penalty Group 1 includes opiates, cocaine, and methamphetamine, Penalty Group 1A includes LSD, Penalty Group 2 includes hallucinogens other than LSD, Penalty Group 3 includes pentobarbital and barbituric acid, Penalty Group 4 includes narcotics, and marijuana is in a penalty group all its own.
If the drug trafficking/manufacturing took place in a “safe” zone, like a school, the penalties will be enhanced. Examples of drug trafficking penalties in Texas include: Trafficking less than one gram of a Penalty Group 1 substance can result in 6 months to 2 years in jail; 4 to 400 grams of a Penalty Group 2 substance can result in five to 99 years in prison; and 28-200 grams of a Penalty Group 4 substance can result in 2-20 years in prison. Federal trafficking and manufacturing penalties are generally harsher than state penalties.
How a Drug Crimes Attorney from Whalen Law Office Can Help
Speaking to a drug trafficking attorney from Whalen Law Office can help you throughout the process. You can count on our attorneys to turn over every stone in our quest to mitigate your potential penalties. We will thoroughly investigate your case, while comprehensively assessing the evidence against you. If a plea deal is in your best interests, we will pursue that option, otherwise, we will strongly defend your rights during a trial. Whether you have been charged by the state of Texas or are facing federal drug trafficking charges, we can help. Contact Whalen Law Office today.